ALFA VISION INSURANCE CORPORATION

v.

TAMPA CHIROPRACTIC CENTER

Before PERRY, JR., WALLIS, JOHNSON, J.J.

PER CURIAM.

FINAL ORDER REVERSING TRIAL COURT

Appellant, Alfa Vision Insurance Corporation (“ALFA”) timely files this appeal of the lower court’s “Final Judgment of Attorney’s Fees and Costs” rendered on October 11, 2011 in favor of Appellee, Tampa Chiropractic Center a/a/o Victor Gue (“TAMPA”). This Court has jurisdiction pursuant to section 26.012(1), Florida Statutes, and Florida Rule of Appellate Procedure 9.030(c)(1)(A). We dispense with oral argument. Fla. R. App. P. 9.320. Summary of Facts and Procedural History This action arose from claims brought by TAMPA against ALFA for payment of No-Fault benefits for medical services rendered to three assignors/patients. After granting TAMPA’s various summary judgment motions, the lower court entered a Final Judgment in favor of TAMPA on February 24, 2011. TAMPA also filed a Motion to Tax Attorney’s Fees and Costs pursuant to sections 57.041, 627.428, and 627.736(8), Florida Statutes. On September 8, 2011 and September 30, 2011 hearings were held on TAMPA’s Motion to Tax Attorney’s Fees and Costs. On October 11, 2011, the lower court entered the Final Judgment of Attorney’s Fees and Costs granting TAMPA attorneys’ fees, costs and prejudgment interest in the amount of $162,964.88. ALFA appealed both Final Judgments. The Final Judgment entered on February 24, 2011 was appealed under Case No. 2011-CV-22 and on February 18, 2013, this Court affirmed in part and reversed in part the lower court’s rulings as to that Final Judgment. Accordingly, this Court now addresses ALFA’s appeal of the lower court’s rulings as to the Final Judgment of Attorney’s Fees and Costs rendered on October 11, 2011.1 Arguments on Appeal On appeal, ALFA argues that:¹) The lower court committed reversible error in granting summary judgment in favor of TAMPA thus, the Final Judgment of Attorney’s Fees and Costs, which is based on the erroneously entered summary judgment, must be reversed as well;

This Court’s Order entered on February 18, 2013 in case no. 2011-CV-22 affirming in part and reversing in part the lower court rulings as to underlying Final Judgment entered on February 24, 2011 is dispositive for the instant appeal and warrants reversal of the Final Judgment of Attorney’s Fees and Costs rendered by the lower court on October 11, 2011. Olesh v. Greenberg, 9 So. 3d 44, 45 (Fla. 5th DCA 2009) (holding that the attorney fee judgment should be reversed and remanded because the underlying summary final judgment had been reversed). See Massachusetts Casualty Insurance Company v. Forman, 516 F. 2d 425, 431 (5th Cir. 1975) (applying Florida law and holding that the attorney’s fees awarded to the insured under section 627.428, Florida Statutes, had to be reversed where the major part of the judgment for the insured on the merits was reversed). Based on the foregoing, it is hereby ORDERED AND ADJUDGED that the lower court’s Final Judgment of Attorney’s Fees and Costs rendered on October 11, 2011 is REVERSED and this cause is REMANDED for further proceedings consistent with this opinion. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this 3rd day of June, 2013.

/S/___________________________ BELVIN PERRY, JR. Circuit Judge

/S/

/S/___________________________ F. RAND WALLIS

ANTHONY H. JOHNSON

Circuit Judge

Circuit Judge CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished to: Robert Alden Swift, Esquire and Tara Tamoney, Esquire, Cole, Scott & Kissane, P.A., Tower Place, Suite 750, 1900 Summit Tower Boulevard, Orlando, Florida 32810, [email protected], [email protected], [email protected] and Crystal L. Eiffert, Esquire and Chad A. Barr, Esquire, Eiffert & Associates, P.A., 122 E. Colonial Drive, Suite 210, Orlando, Florida 32801, [email protected], [email protected] on this 3rd day of June, 2013.

/S/

Judicial Assistant